Presenter: Santos Alvarado

“Mass digitization of library collections is revealing a treasure

trove of heretofor obscured works, works in the public domain

that can be shared broadly with the public, and orphan works,

those still protected, but whose copyright owners are unknown,

unable to be located, or unresponsive. The potential these

works hold puts pressure on copyright law and policy to adapt

more quickly to new possibilities in a digital networked

environment”

Developing better tools to identify those works that actually are in the public domain. The University of Texas at Austin Libraries Public Domain Project:

blog about their discoveries post for others to build upon share results though our library catalog records

Orphan works lack sufficient information to identify their owners, identifying the date on which they would otherwise enter the public domain is also impossible. Working with other libraries to begin developing best practices to

define reasonable searches for copyright owners of different types of works. owners.

If you want to get involved in public domain or orphan works projects, there is no shortage of opportunities.

Check Out: Open Content Alliance's Open Library Resource Shelf logs news of mass digitization projects Google search for mass digitization projects

“Implied licenses give you rights to, uh,

well, uh, that's the problem with implied

licenses, they're not real clear -- but

they're there and within reason you can

and should rely on them”

Liability for posting infringing works RIAA lawsuits against individuals for peer-to-

peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others' copyrighted works without permission.

Fair use is better described as a shadowy territory whose boundaries are disputed, more so now than ever, since it applies in the online environment.

Many more people now license the public to use their works by attaching Creative Commons licenses to them, making educational uses much easier without worry about fair use

Penalties for infringement are very harsh: the court can award up to $150,000 for each separate act of willful infringement.

Answer these three questions to decide whether you need permission to use a copyrighted work.2.Is the work protected?3.If the work is protected, has your campus already licensed rights for you to use the work?4.Is the work available freely on the open Web, and therefor covered by an implied license?

The four fair use factors:7.What is the character of the use? 8.What is the nature of the work to be used? 9.How much of the work will you use? 10.What effect would this use have on the market for the original or for permissions if the use were widespread?

FACTOR 1: What is the character of the use?

FACTOR 2: What is the nature of the work to be used?

FACTOR 3: How much of the work will you use?

FACTOR 4: If this kind of use were widespread, what effect would it have on the market for the original or for permissions?

Instructors may use a wider range of works in distance learning environments.

Students may participate in distance learning sessions. All participants enjoy greater latitude when it comes to storing,

copying and digitizing materials.

Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others’ works in the classroom.

Assuming the work you wish to use is protected, the work has not been licensed for your use online, and your use is not a fair use or otherwise exempt from liability for infringement, you need permission. Now what?

To get permission to use copyrighted work you usually have to contact the owner of the work, (person, company, group) through email, phone call or written permission.

The request for permission obliges to the following: Foreign Collectives Image archives Freelance writers Music performance Play rights News archives Movies

For more examples on getting permission follow the link:http://copyright.l ib.utexas.edu/permissn.html

Reference

The Copyright Crash Course © 2001, 2007

Georgia K. Harper